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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


a step away from signing consent order

  • carer
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11 Oct 12 #360499 by carer
Topic started by carer
Hi all,

Consent Order is 95% there. The odd bits that we cant agree on are really trivial (Ex being very controlling) and would cause me unnecessary hardship for certain periods as Ex wants to delay certain payments of things (not saying what as dont want to be identified) - its just a timing issue of payment and Ex being deliberately obstructive.

Anyway - Ex is threatening Directions Hearing if I dont agree (which I cant) - so my question is : will the Judge be annoyed if we dont manage to agree on such trivia and add to our costs? I *know* I am being reasonable and that Ex isnt so feel annoyed if we have to go to Court about it.

Solicitor doesnt have much of a back-bone so I find it hard for her to back me so want some sentences to show her I am serious and just cant back down. Thanks for any replies.

Carer

  • LittleMrMike
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12 Oct 12 #360553 by LittleMrMike
Reply from LittleMrMike
Carer, you will forgive my saying so, but how do you expect to be advised on this site if you don''t want to tell us what the points of difference are ?
1. Your solicitor is obliged to carry out your instructions as long as they are legal.
2. If you don''t agree, you have a right not to do so, but in that case you''ll have to go to a hearing and that costs money and can be quite a lot of it.
3. So you have to balance the possible costs of a hearing - and the likelihood of success at a hearing, and that''s a matter on which your solicitor will advise - against the costs of the hearing and the possibility that you could go to hearing and lose.
4. Put crudely, it is not worth spending £5000 if there''s only £1000 at stake.
Sorrrreeee

LMM

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